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State court of last resort · ST-VA-SC
Cole v. Norfolk Southern Railway
No. 161163Supreme Court of Virginia
161163 Cole v. Norfolk Southern Railway 08/31/2017 In a case under the Federal Employers' Liability Act (FELA), applying the risk of harm test as the rule of decision in the Commonwealth, a release does not vi…
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161163 Cole v. Norfolk Southern Railway 08/31/2017 In a case under the Federal Employers' Liability Act (FELA), applying the risk…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Aug 31, 2017
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Docket entry
161163 Cole v. Norfolk Southern Railway 08/31/2017 In a case under the Federal Employers' Liability Act (FELA), applying the risk of harm test as the rule of decision in the Commonwealth, a release does not violate § 5 of the Act if it is executed as part of a negotiated settlement of a FELA claim and is limited to those risks that were known to the parties at the time of its execution. The test is not whether a release explicitly lists a potential future claim, but whether the parties intended to release such a claim. Evidence in this case supports the circuit court's factual finding that, in the year 2000, the plaintiff intended to release the present lung cancer claim as part of the sett…
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